Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 9 - CONTRACT AND GRANT MANAGEMENT
Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS
Section 9.22 - Liquidated Damages
Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance with Transportation Code, § 223.012, the department will develop a schedule for liquidated damages that accurately reflects the costs, including administrative costs to the department and road user costs, that result from delays in the completion of a project resulting from a breach of a highway improvement contract. The department will review the schedule from time to time and revise it as necessary to insure that it continues to accurately compensate for the costs resulting from a breach.
(b) For each highway improvement contract for a project that the department identifies as having a significant impact on the traveling public, the department will determine project-specific liquidated damages that accurately reflect the costs, including administrative costs to the department and road user costs, that result from delays in the completion of a project resulting from a breach of a highway improvement contract. In determining whether a project has significant impact on the traveling public, the department, in addition to other relevant factors, will consider whether the project will:
